Cree, Inc.v.Honeywell International Inc.

Patent Trial and Appeal Board

Oct 27, 2015

11788399 (P.T.A.B. Oct. 27, 2015)

Trials@uspto.gov Paper 9
571-272-7822 Date: October 27, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CREE, INC.,
Petitioner,

v.

HONEYWELL INTERNATIONAL, INC.,
Patent Owner.

Case IPR2015-01055
Patent RE41,685 E

Before BENJAMIN D. M. WOOD, MICHAEL J. FITZPATRICK, and
JEFFREY W. ABRAHAM, Administrative Patent Judges.

FITZPATRICK, Administrative Patent Judge.

DECISION
Dismissing Petition Pursuant to Settlement
37 C.F.R. § 42.71(a)
IPR2015-01055
Patent RE41,685 E
2
Petitioner, Cree, Inc., filed a Petition to institute an inter partes review
of claims 10–14 of U.S. Patent No. RE41,685 E (Ex. 1001, “the ’685
patent”) pursuant to 35 U.S.C. § 311(a). Paper 2, “Pet.” Patent Owner,
Honeywell International, Inc., did not file a Preliminary Response pursuant
to 35 U.S.C. § 313.
On October 22, 2015, prior to our decision on institution and upon
receiving leave to do so, the parties filed a “Joint Motion to Terminate the
Proceeding” based on a settlement agreement that resolves the parties’
disputes related to the involved patent.
1
Paper 7. The parties also filed a
copy of the settlement agreement (Ex. 1014) along with a “Joint Request To
Keep Separate.” Paper 8; see also 37 C.F.R. § 42.74(c) (“A party to a
settlement may request that the settlement be treated as business confidential
information and be kept separate from the files of an involved patent or
application.”).
Under these circumstances, we determine that it is appropriate to
dismiss the Petition. See 37 C.F.R. § 42.71(a). This paper does not
constitute a final written decision pursuant to 35 U.S.C. § 318(a).

1
Technically, leave was granted to file a joint motion to dismiss the petition,
not to terminate a proceeding that is yet to be instituted.
IPR2015-01055
Patent RE41,685 E
3
Accordingly, it is:
ORDERED that the Petition is dismissed; and
FURTHER ORDERED that the settlement agreement (Ex. 1014) be
treated as business confidential information and be kept separate from the
files of the involved U.S. Patent No. RE41,685 E.

IPR2015-01055
Patent RE41,685 E
4
For Petitioner:

Blaney Harper
Douglas Pearson
David B. Cochran
Joseph Sauer
JONES DAY
bharper@jonesday.com
dhpearson@jonesday.com
dcochran@jonesday.com
jmsauer@jonesday.com

For Patent Owner:

Jennifer Sklenar
Wallace Wu
Arnold & Porter LLP
Jennifer.Sklenar@aporter.com
Wallace.Wu@aporter.com